first he said proposition 8 violates the equal protection clause which says all people should be treated equally. >> whether a person can marry someone should not depend on whether the person is male or female. if they -- if somebody loves sally they should be able to marry sally whether they are joe or susan. one of the most important fundamental rights as part of our liberty is the right to marry. >> reporter: because walker called marriage a fundamental bright he wrote that the majority of california voters' support of proposition 8 is irrelevant as fundamental rights may not be submitted to a vote. walker also waded into the cultural aspects of marriage by saying, banning same-sex marriage exist as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. that time has passed. >> we no longer treat fathers and mothers as having different rights where mothers

automatically get custody and fathers don't. we have now decided that in family roles, gender should not be as relevant for purposes of legal distinction. >> reporter: prop 8 proponents say same-sex marriage wasn't needed because domestic partnerships provided enough benefits to same-sex partners. judge walker didn't accept that argument, either writing, domestic partnerships do not provide the same social meaning as marriage. >> when voters take the initiative power into their own hands they are basically acting in the same way as a legislature, both the voters and the legislature have to comply with the constitution. >> reporter: same-sex marriages will not resume right away. judge walker put off that decision until friday. he wants to hear some more arguments from both sides. of course, the real issue here is, if allows those marriages to continue, there is also the possibility that they could be overturned by the ninth circuit court of appeals because without a doubt, this is definitely going up, the appeal of the -- the chain of appeals

course, juliette. so that's the rub. allow the marriages to continue now knowing that possibly they could be overturned later. >> all right. simon perez at the federal courthouse, simon, thank you. all right. let's hear from a bay area couple who is part of this lawsuit as well as those people not happy with the judge's ruling. sherry hu has that reaction for us. sherry. >> reporter: well, allen, against a backdrop of eight american flags, the plaintiffs two same-sex couples, their two attorneys and san francisco city attorney walked on the stage and as one of them put it today the justice system worked. >> this decision says that we are americans, too. we too should be treated equally. our family is just as loving, just as real and just as valid as everyone else's. >> we're not here to change the world. equality is something that our nation has always been about. we read about it in school. our ancestors came to this

country in search of it. well, this decision today brings paul and i... [ pause ] >> and so many others like us [ crying ] closer to that equality too. >> reporter: and, of course, there is also the other side. the supporters of prop 8 say this is not the end of the fight to uphold the will of the people for traditional marriage. >> this is judicial tyranny of taking away the rights of the voters to define the foundation of society. marriage between a man and a woman. >> it's kind of expected from a judge that is pro sodomy and some people say he is a sodomite. so it's not a surprise for us that he ruled in favor of sodomy. >> reporter: well, attorneys for the two same-sex couples say they are ready to go, allen. they intend to move through the

courts as quickly as possible. >> thank you, sherry hu in san francisco. let's look at our "survey u.s.a." poll taken this afternoon. in the statewide survey, 46% say they disagree with the judge's decision overturning prop 8. 43% say it was the right thing to do. and 11% are undecided. governor schwarzenegger issued a statement saying, quote, this decision affirms the full legal protections and safeguards i believe everyone deserves. the california republican party disagrees. it sent us an email reaffirming its support of "traditional marriage and that the party looks forward to the matter being resolved in a higher court." despite the favorable ruling for same-sex couples, gay marriages are on hold for now. but that didn't stop one couple from rushing to san francisco city hall. joe vazquez has their story. joe. >> reporter: juliette, it's a bit confusing at first because when that ruling came down at 2:00 , it was not immediately apparent whether marriages

could start right back up. and so let me show you some video of what we saw here at city hall. 2:00, vanessa and maria heard about the judge's ruling and raced their city hall to try to get married. they went to the clerk's office and asked for the paperwork. interestingly enough, six months ago they had come here to ask for marriage forms, a clerk told them no that time. but this time, it was different. >> today it wasn't i'm sorry you could hold on for a minute while i get paperwork? >> what went through your mind? >> i said this could be the day. this could be the day. a delay is not necessarily a bad thing. >> reporter: so it turns out it was not their day. at 2:09, the judge issued that second statement delaying same- sex marriages for now. and vanessa and maria said they are disappointed but thrilled about the judge's ruling nonetheless. they had planned to get married this coming sunday anyway. they planned to continue those plans, juliette, although the

state is not going to recognize that marriage. >> all right. joe vazquez, joe, thank you. well, there are dozens of rallies in support of gay marriage. right now, demonstrators are starting in harvey milk plaza, then they are going to be marching to the civic center for another rally that is set for 6:45 tonight. what happens next? by friday, both sides must submit written statements to the judge so he can decide whether to put a stay on his ruling while the appeals process moves forward. the first appeal will happen in the ninth u.s. circuit court of appeals in san francisco. the losing side must file what's called a merits appeal. essentially asking the court to decide if judge walker's ruling was proper. both sides want this appeal process to happen quickly because beyond that, it's expected the case will ultimately go to the u.s. supreme court. for more coverage of today's decision, including the judge's ruling in its entirety, you can find that on our website, cbs5.com. well, next, some schools will do and say just about anything to get students to

sign up. lies and deceit fed to college applicants uncovered in an investigation. oakland mayor ron dellums making an announcement about his political future. that's when he took me back up to my room and -- and tied me to the bed. >> and she was tied up for hours during a harrowing home invasion. but how one woman used some quick thinking and her feet to get help. ,, what this droid does will change how you do movies. with blockbuster on demand, this does hit films on a 4.3-inch screen so big, the way you see them will never be the same.

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a scathing new government report out today for for profit colleges that focus on career training. some schools will say about anything to get students to enroll. michael ferrera didn't have any doubts that enrolling in a $17,000 program at western career college was a good idea. >> when i went in to talk to the admissions representative, i felt like this is the place for me. i don't need to research anything. you know? she sold me. >> reporter: but when the walnut creek resident graduated nine months later hoping to land a job in a doctor's office, he got a surprise. >> you must have at least two years experience in this field, which is something that i was

not told. >> reporter: he is not the only graduate getting a reality check. >> i'll make the corrections. >> reporter: government investigators went undercover at 15 for-profit colleges in six states. they found virtually all made misleading or incorrect statements to the undercover applicants. like over stating how much graduates could expect to earn. 600 a day that's the low end, some students making up to $1,000 a day. >> reporter: lying about how student loans really work. >> the best thing about it is unlike a car note where they come after you if you don't pay. >> reporter: giving them the hard sell. >> deception was built into the admissions department. >> reporter: joshua prime is a former admission counseling at westwood college online, one of the 15 schools investigated. >> the most appalling example i can think of was in my assistant director of

admissions on my team was presented with a best liar award at a team celebration. >> all of the schools investigated receive at least 90% of their revenue from federal student aid. the government is now pushing to put more restrictions on that aid by requiring colleges to prove they live up to their claims. if you have a consumer problem, call 1-888-5-helps-u. juliette, other bay area headlines tonight. oakland's mayor ron dellums will not be running for re- election in november. he made that announcement in private this afternoon to staff members. he has not made public his reason for not running for a second term. a san jose elementary school destroyed by an arsonist got a financial boost today. the san jose firefighters burn foundation is donating $5,000 to help trace elementary. the school burned on july 5. nobody has been arrested for it. meantime, crews are working to get the portable classrooms in place for the start of the school year, which is just a week and a half away.

san jose voters will decide whether cannabis clubs in the city should pay one of the highest pot taxes until the bay area. the city council voted to put a measure on the november ballot to tax pot clubs up to 20%. it would be about $150,000. but opponents say it would be too much for low income patients. coming up, it's been a success. but why a program that feeds those in need could come to an end. temperatures definitely were a good 10 degrees cooler today inland. now, these papers hold the answers to just how much cooler it will be for your thursday. hang out, stay with us. eyewitness news pinpoint forecast as we come back. ,,,,,,,,,,,,,,

a federal judge in san francisco has overturned california's same- sex marriage ban. you recapping our top story for

you this evening, a federal judge in san francisco has overturned california's ban on same-sex marriage. this is a live picture of a victory rally happening right now in the castro district in san francisco. they are getting ready to march to city hall for another rally at 6:45 to mark the day's historic ruling. the judge hasn't decided whether to allow same-sex marriage to resume while the appeals process goes forward. that decision could be soon. supporters of the ban will now take their case to the ninth circuit court of appeals in san francisco. well, the vast majority of viewers weighing in on judge walker's ruling support it but not all of them. "be who you are, love who you

it is one of the stories -- the success stories of the federal stimulus plan. an east bay food bank that feeds hundreds of families. now the federal funds are about to run out. and as ann notarangelo reports, some of those families are wondering just how they will manage. reporter: there is a line and a wait for food but child care provider rachel gibson reliance on tri-valley volunteers, inc., to get by. >> this really comes in handy. having this place to come to for food, i have grandchildren that i take care of during the day. >> inside you have basic staples. >> reporter: she is here to pick up a box like this with crackers, tuna, soup and spaghetti. she can stretch this food for a week. in may the alameda county community food bank started this supplemental food program at 12 locations spending $340,000 of one-time federal stimulus money.

they started feeding 75 people a bay, now 300. each month this pantry feeds 9,000 families. they might get a stimulus box if they qualify twice a month. september 30, the federal stimulus money runs out and the program could abruptly end. >> this program has been very vital. it's picked up a lot of momentum since it started in may. it's just getting bigger and bigger every month and, you know, it's going to be taken away or very likely to be taken away at a time when economic recovery is unsubstantial from where we stand. >> i will miss it a lot because i depend on it now and my grandkids aren't going to go away but the food is going to go away. >> reporter: this is going to happen to social programs across the country as stimulus money dries up. >> there is a big divide between what congress sees versus the reality is. i wish a congress person would stay in line and see people who

are here who have jobs but can't afford to feed their families. >> we are not going to turn people away but we are going to have to come up with other means. >> reporter: but resources are limited, even if the demand seems not to be and the stimulus money hasn't lasted long enough to see people through the tough times. >> we have a great need here especially with the closing of the nummi plant. the need will increase when these people go off unemployment. >> reporter: rachel got her box. but when day-to-day existence is in question, it can be painful to watch the solution tackled one box at a time. in fremont, ann notarangelo, cbs 5. that food, some much-needed in people's lives and others got real sunshine today. >> yes, they did, but it was cool sunshine because the temperature dropped by 10 degrees in many locations. this is our live cbs 5 weather camera looking over lake curry

from mount vaca. it appears as if we have wall- to-wall sunshine right now. temperature in pacifica at 56 degrees. we have overcast conditions and areas of fog, as well. westerlies athe 22. san francisco now dropped down to 56. the winds are at 13. we jump to the 70s in morgan hill. full-on sunshine easterlies rotating to the northeast as well as 7 and we have the sunshine in our inland areas into the 80s so we are in the 50s, 60s, 70s and even low 80s in the east bay. that's where we stand. it is a bit on the breezy side. so if you are near the coast or the bay, you definitely require a jacket on this wednesday evening. there you have it. we have been sharing this with you all week long. pinpoint forecast taking you to tomorrow sun-up at 6:14. obviously nobody is going to be the recipient of that morning

sun-up because we do have this very deep marine layer extending inland a good 60 miles. so deep and so compact, we will experience some drizzle on the immediate seashore all the way up into the lunch hour. 2:00 partial clearing along the bay, no clearing at the coast. everybody is talking about what's going on for this unseasonably cool summer. bottom line is, this massive field right here, it's a marine layer. it's about 2,000 feet deep to 2500 feet deep because of this trough right overhead that's kind of compacting things. not going anywhere in the foreseeable future. so those temperatures continue to nosedive when you have that cooler air mass rushing on top. and speaking of rushing on top, you might want to run tonight to keep warm. we have the jpmorgan corporate challenge, cbs 5's a very proud sponsor because it's a fundraiser for local ymca programs. we'll see you at 7:00 tonight at the embarcadero. air temperature at 58 degrees. but again, a robust sea breeze out of the west 10 to 15 miles

per hour. i got to tell you, a 3 1/2 mile run and they can run. tonight overnight low temperatures with the overcast conditions, 50 in pacifica, 54 vallejo, benicia, martinez, back in through rodeo, mid-50s in downtown san jose including campbell. tomorrow's highs cooler than today's numbers. 61 in san francisco, so far today we have hit 62. down to 80 degrees in livermore, today we had a high so far of 82. low 70s in san jose when we should be at 85, and 70 in santa rosa, where we should be at 83. yes, the cool conditions will be persistent all the way through the weekend right here in the bay area, no coastal clearing each and every day, partial clearing at the bay, and then we will have the sunshine in our inland areas. today was a grand day at the oakland coliseum before the game, see these guys? now these guys? i know you hear them. >> i was going to say, can i hear their voices? >> yes. george fernando at our sister

station joined us for oakland as rootbeer float day. i want to thank everyone who came out. you buy a ticket to the baseball game and then you buy a $2 like little ticket stub that gives you an ice cream float. so lawrence karnow and sharon chin from cbs 5 and myself we served up rootbeer floats for two straight hours! >> rootbeer. >> and there were raiders there, there were 49ers there, there were san jose sharks there. there were thousands of fans there. it was a really great fundraiser for juvenile diabetes. so far i believe we raised like $30,000. >> excellent. and saw the ballgame. >> yes. >> thank you. next, there was smoke, then there was a loud bang, but the question is: was this really an assassination attempt on iran's president? i had a lot of time to think about, you know, macgyver moments like, okay, because in the movies somehow they always free themselves from the wrist ties. >> yeah, but this was real life and she wasn't able to free herself with her hands. a creative survival technique a

woman used instead to get help. ,,,,,,,,,, [ female announcer ] jobs leaving.

a budget disaster. california on the brink. jerry brown's plan? you run for office and the assumption is, oh, i know what to do. you don't. i didn't have a plan for california. [ female announcer ] with our state in crisis, we need a governor with a plan. you need a real plan, something i'll acknowledge i did not have. [ female announcer ] jerry brown. no plan then. no plan now. meg whitman. a plan for jobs. log on. learn more.

pumped into the leaking well in so far, so good. the static kill of mud that's been pumped into the leaking well in the gulf of mexico seems to be working. now bp engineers have stay with us decided they are going to start pumping in cement tomorrow to seal that well permanently. the government had really wanted the relief wells finished to make sure the well is dead for good. iran's government is denying that president mahmoud

ahmadinejad was the target of an assassination attempt. ahmadinejad was waving to supporters when something exploded. in these photos you can see smoke in the background and bodyguards appear to shield the president. some reports said it was a homemade grenade, but the government said it was just an excited fan setting off a firecracker. >> iran and this regime in particular, ahmadinejad, has lots of enemies and a lot of them are internal to iran. >> ahmadinejad's popularity in iran has dropped recently. the economy is down. and u.s.-led sanctions over tehran's nuclear program are making things worse. president obama turned 49 today. ♪ happy birthday to you [ applause ] >> after the white house ceremony, people in the room burst into song wishing him happy birthday. afterwards the president left for chicago. he is going to celebrate his

birthday with friends accompanied by his dog, the only member of the family still at home. the first lady michelle obama and daughter sasha are vacationing in spain, meleia is at camp. happy birthday. we'll be right back. ,,,,

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an intruder ransacked her home. she was held at gunpoint, tied to the bed, but as an intrudesser ransacked her home, it didn't stop a woman in atlanta from trying to get some help. >> with her laptop at the foot of her bed she opened it with her toes and i m'ed her boyfriend. >> i used my right toe as a way to operate the mouse and to hit the left and right buttons and then i used a power cord and put it between my left toes and used that to hit the keys. >> police arrived shortly after but the rob her already left. windham says although she may not have the world's prettiest feet she says